Site Terms and Conditions of Use

For this erebor site at www.erebor.co.uk

BY ACCESSING AND/OR USING THESE erebor WORLD WIDE WEB OR WAP PAGES OF erebor limited, Carlton House, Maundrell Road, Porte Marsh, Calne, Wiltshire SN11 9PU, United Kingdom ("erebor") AT THE URL/DOMAIN NAME/WAP SITE NOTED ABOVE (this "Site"), YOU ("you"), AS A USER OF THIS SITE, AGREE TO THE FOLLOWING SITE TERMS AND CONDITIONS OF USE (these "Site Terms"), WHICH SUPPLEMENT THE TERMS AND CONDITIONS OF ANY OTHER AGREEMENT(S) YOU MAY HAVE WITH erebor WHICH ARE APPLICABLE TO YOUR USE OF THIS SITE (SUCH AS SPECIFIC TERMS AND CONDITIONS FOR THE MATERIAL AND/OR SERVICE IN QUESTION). IF YOU DO NOT AGREE WITH THESE SITE TERMS, PLEASE DISCONTINUE YOUR USE OF THIS SITE.

These Site Terms govern all transactions and operations between you and erebor (collectively, the "Parties" and individually a "Party") in relation to the purchase or use via the Site of any software, products or other materials, including but not limited to executable software utilities, documents, screen savers, graphics, audio and video clips, icons, images and games (collectively, the "Materials") and services (the "Services"), content and data on this Site.

1. Applicability and Order of Precedence

1.1. These Site Terms are applicable to this Site, but not necessarily to other erebor sites on the World Wide Web. When leaving this Site, please read any terms and/or guidelines of use applicable to such site to ensure you agree with the terms and/or guidelines of use applicable to that site. In case of any conflict between these Site Terms and any other rules, policies or agreements posted on this Site or otherwise applicable between the Parties the documents shall prevail in the following order: (1) Material and/or Service specific terms and conditions; (2) these Site Terms; (3) the Legal Notice posted on this Site; (4) erebor membership rules posted on this Site (the "Membership Rules"); (5) and other rules, policies or agreements posted on this Site.

2. Important

2.1. Your use of this Site will be subject to the most current versions of these Site Terms, the Legal Notice and the Membership Rules posted on this Site at the time of such use.

2.2. In addition, when purchasing and/or using particular Services, Materials, content and/or data on this Site, you may be subject to other rules, policies or agreements posted on this Site applicable to such Services or Materials. The Legal Notice, the Membership Rules and other rules, policies or agreements posted on this Site are hereby incorporated by reference into these Site Terms.

2.3. erebor reserves the right to change these Site Terms, the Legal Notice, the Membership Rules and/or other rules, policies or agreements posted on this Site under which the Materials and/or Services are offered. You are responsible for regularly reviewing these Site Terms, the Legal Notice, the Membership Rules and/or other rules, policies or agreements posted on this Site. Continued use of this Site and transactions in relation to any Materials or Services after any such changes have been made by erebor shall constitute your consent to such changes.

2.4. erebor membership is required for the use of restricted elements of this Site.

2.5. Your use of Services, Materials, content and/or data may mean you incur additional fees levied by your network operator or other telecommunication operator. erebor assumes no responsibility for the payment of any such fees.

2.6. To properly use the Services, Materials, content and/or data you may require networks, which meet certain technical specifications. You should check with your network operator to see whether these specifications are met.

2.7. These Site Terms shall neither exclude nor limit any of your mandatory rights provided to you by applicable laws.

2.8. This Site supports only transactions providing product shipment to addresses in the United Kingdom and Material and Service delivery to the internet users in the United Kingdom. Product and service delivery to users outside the United Kingdom will vary according to the nature of the particular Material or Service and the capabilities of the intervening network internet service provider(s).

2.9. Orders by minors (persons under the age of 18) are prohibited under these Site Terms and from this Site, unless permitted by applicable legislation. While erebor does not sell Materials and Services to minors, it may sell them to a minor's guardian or parent (persons of 18 years and older) using such guardian's or parent’s credit card for payment. Therefore and unless otherwise permitted by applicable legislation, if you are under 18, you may use this Site for placing Material and Service orders only with the prior consent of your guardian(s)/parent(s).

2.10. Any price quotations provided by erebor on this Site shall be valid for the period stated on this Site. If no time period is stated, then the price charged for an order will be the price in effect at the date of the order.

2.11. Offers provided by erebor on this Site are non-binding offers. Any order is subject to erebor’s final confirmation of the order. Acknowledgement of receipt of an order is not confirmation.

2.12. Availability of Materials and/or Services may vary by country, language, product, geographic area, or other criteria as informed on this Site.

3. Payment for Materials and Services

3.1. The way to pay for Materials and Services will be by way of an on-line credit card purchase.

3.2 You are advised that you are responsible for any transactions incurred using your erebor account and the safekeeping of your user ID and password. erebor will not be held liable for any fraudulent transactions or usage of your erebor account due to your failure in this respect.

3.3. You agree to ensure that the instrument of payment for Materials and Services (any credit card accepted by erebor for payment on this Site) is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.

3.4. Any credit card payments are subject to the approval of the financial institution issuing your credit card, and erebor is entitled to process inquiries for approval and for other related credit status information with appropriate financial institutions and other credit agencies. erebor shall not be liable in any way if such financial institution or credit agency refuses to accept or honour the credit card for any reason.

3.5. By submitting an order, you give your consent to 1) that your personal information collected on the order form may be sent electronically to servers of financial institutions and credit agencies and be processed outside of the European Union and outside the country where you originally entered the information, including but not limited to the United States, for erebor's inquiry for approval and credit status information related to the transaction submitted by you, and 2) that your personal information may be used by financial institutions and other credit agencies for other inquiries for approval and for other credit status information related to other transactions submitted by you. This procedure is performed in a reliable way using encryption in transmission.

3.6. Material and Service prices in the applicable currency shall be identified on the on-line order form at the time of the placement of your order. erebor may change Material and Service prices at any time without notice, unless otherwise notified on this Site or in other rules, policies or agreements posted on this Site. Such changes shall not apply to past and ongoing orders. Prices include applicable taxes. Separate charges for shipping and handling will be shown on the order form, if any.

4. Modification of Site Content

4.1. erebor is entitled to increase the price which has to be paid for Materials and/or Services already offered on this Site with 14 days' prior notice thereof. Any such notice shall be posted on this Site and will take effect 14 days after the date upon which the notice is posted.

4.2. erebor is entitled to discontinue altogether with 14 days' prior notice thereof any Materials and/or Services that are already offered on the Site, unless otherwise stated in any Material and/or Service specific terms and conditions. Any such notice shall be posted on this Site and will take effect 14 days after the date upon which the notice is posted.

4.3. Save as stated in Clauses 4.1 and 4.2 erebor may change, modify or withdraw access to any other Materials and/or Services on this Site at any time, with or without prior notice, and without creating liability for erebor.

5. Permitted use

5.1. The use of this Site is permitted only by you with your user ID and password.

5.2. You must keep your user ID and password in a secure and confidential manner, and you must not permit its release to third parties.

5.3. You are solely responsible for maintaining the confidentiality of your user ID and password, and any use of this Site made under your user ID and password is your responsibility.

5.4. You agree to keep your erebor membership information up to date, including but not limited to your contact information, in order to enable erebor to provide you with proper and accurate service. You are responsible for compensating erebor if any third party takes action against erebor in relation to your failure to provide erebor with accurate membership data.

5.5. In addition to material you introduce on to this Site, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you own the material or have the unlimited right to provide it to erebor; and (c) you will not take action against erebor in relation to material and you agree to compensate erebor if any third party takes action against erebor in relation to such material.

5.6. erebor reserves the right, at its sole discretion, to refuse you use of this Site and to prevent or restrict access by you immediately and without prior notice if erebor believes that your conduct seriously violates these Site Terms.

6. Restricted Use and Copyrights

6.1. The Materials, Services, links, architecture, including but not limited to format, layout and data structures, and other content and/or data on this Site are protected by copyright, trademark and/or other proprietary rights of erebor or its suppliers.

6.2. The use of Materials, Services and other content and/or data on this Site, by you is prohibited, except in compliance with these Site Terms, other terms applicable to the Material or Service in question and as provided by applicable laws.

6.3. Reproduction, transfer, communication to the public, distribution or storage of part or all of the Materials and/or Services of this Site in any form without the prior written permission of erebor is prohibited, except in accordance with the following terms: erebor grants to you a non-exclusive, non-transferable, limited licence to view, download, print and consume the Materials contained on this Site and agrees to you browsing this Site and utilize the Services, in accordance with other applicable terms regarding Materials and Services (such as Material and/or Service specific terms and conditions), if any, solely for your non-commercial private purposes, and not for any other purpose, unless otherwise consented in writing by erebor or provided by mandatory applicable laws.

7. Trademarks

7.1. erebor and other erebor product names, logos, commercial symbols, trade names and slogans (hereinafter the "Marks") are registered trademarks or trademarks of erebor and/or its affiliates and are protected by international and national trademark laws.

7.2. You are prohibited from using any of the Marks appearing on this Site without the express prior written consent of erebor unless otherwise provided by applicable mandatory laws.

7.3. Other marks and logos shown on this Site may be marks owned by third parties that are not affiliated with erebor and/or its suppliers, and use of this Site grants you no right to such materials.

8. Limitation of Liability

8.1. Except as provided in the following provisions erebor does not warrant that these erebor world wide web and wap pages, this Site or the provision of the Services will be uninterrupted or error-free.

8.2. erebor is not liable for the non-availability of this Site caused by transmission problems. erebor assumes no liability for any delay, data loss or damage during the transmission from this Site to the recipient.

8.3. NO WARRANTY OF ANY KIND IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY AND/OR NON-INFRINGEMENT OF ANY CONTENT OF THIS SITE, THE USER'S OWN EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR NETWORKS.

8.4. erebor's liability to you under these Site Terms shall be: (a) unlimited for death or personal injury caused by its negligence; (b) unlimited for fraud or fraudulent misrepresentation; and (c) to the extent permitted by law, limited for any liability not covered by clauses 8.4(a) and 8.4(b) to an amount equal to the sale price of the most expensive Material or Service bought by you from erebor via this Site.

8.5 To the extent permitted by law, erebor accepts no responsibility for any claim in contract, tort, negligence or otherwise for: (a) loss of profit, business revenue, goodwill, anticipated savings or data; or (b) any indirect or consequential loss or damage (including, for the avoidance of doubt, where such loss or damage is of the type specified in clause 8.5(a).

9. Warranty to Materials or Services

9.1. erebor will give a warranty for Materials and/or Services to the extent required by mandatory stipulations of applicable law.

9.2. In case of failure in the delivery of Materials and/or Services, erebor is entitled to remedy the defect by replacing them, unless you have requested in writing the refund of the applicable currency with your account information, in which case erebor will deliver the refund to your account in the currency to your account. This is the sole remedy available to you covered by the warranty.

9.3. A Material's warranty statement may be included in the Material's packaging when shipped, if applicable. For your reference, you can review on this Site if any additional warranty statement is applicable to any Material or Service available on this Site prior to making your decision to order such Material or Service.

9.4. erebor reserves the right to modify the terms of its Materials' and Services' warranty statements at any time, in its sole discretion, applicable to future sales of such Materials and Services from and after the implementation of the modified warranty statement.

10. Product Return / Refund Policies

10.1. Materials and Services purchased from this Site may be returned in accordance with the applicable local legislation for distance contracts. If the payment is done by a credit card erebor will send a receipt of the transaction to the email address given by you at the time of a purchase verifying the details of the transaction.

10.2. You may withdraw from this transaction within 7 working days from the date of the receipt of Material or from the date of transaction of Service in question, or within any longer period of time as stated in the applicable mandatory local legislation concerning your right for withdrawal from this transaction. However, you may not withdraw from the agreement 1) when you have consented that your order for a Service, including a Service with which a Material is delivered directly to your mobile terminal, email address or personal folder on the erebor website, will be performed by erebor prior to the end of the time of your right for withdrawal or 2) when a Material ordered is made to your specifications, or is personalized, or by reason of its nature can not be returned to erebor.

10.3. If you decide to withdraw from a transaction, please provide erebor with the information as follows in order to enable return without unnecessary delay: 1) your full name and address, 2) your customer identification number (CID), 3) the date of purchase, 4) the purchase order number, if any, 5) Material or Service of the transaction, 6) the payment method used, 7) the personal bank account number together with contact information of your bank, if you specifically request a monetary refund. Please send your request for return in question to erebor, Carlton House, Maundrell Road, Porte Marsh, calne, Wiltshire SN11 9PU, United Kingdom, or email it to careline@erebor.co.uk.

10.4. erebor will only process returns and/or refunds for Materials and Services purchased directly on-line from this Site. If you purchased erebor branded merchandise in some other distribution channel, such as from another web site, a fixed or wireless carrier or retail store or catalogue, please follow the applicable vendor's product return policy.

11. Managing Content and User Activities

11.1. erebor has the right, but not the obligation, to monitor any content or activity associated with this Site. erebor may investigate suspect conduct and take any action that it deems appropriate, such as issuing warnings, suspension or termination of service, denying access and/or removal of Services, Materials, content and/or data on this Site.

12. Invalidity of Provisions

12.1. If any provision or part of any provision of these Site Terms is invalidated by operation of law or otherwise, the provision or part shall be enforced to the extent permitted by applicable law and otherwise shall be deemed omitted and replaced with a valid provision which comes closest to the result and purpose of these Site Terms.

13. Jurisdiction

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales. 

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

erebor ltd © 2003

erebor ltd
Carlton House
Maundrell Road
Port Marsh
Calne
Wiltshire
SN11 9PU
United Kingdom

tel: 44 1249 811 666
fax: 44 1249 818 725

info@erebor.co.uk